Terms of Service
General Terms and Conditions
- These General Terms and Conditions (hereinafter referred to as Terms and Conditions) are issued pursuant to § 1751 et seq. 89/2012 Coll, civil Code (hereinafter referred to as "Civil Code")
Light In Space SE
TIN: CZ 06906508
(hereinafter referred to as "seller")
- These Terms and Conditions govern the mutual rights and obligations of the Seller and an individual who enters into a Purchase Contract outside of his or her business as a consumer or within the scope of his or her business (hereinafter: "buyer") via the web interface located on the website available at gfbar.com (hereinafter referred to as "online shop").
- The terms and conditions are an integral part of the purchase agreement. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase contract are concluded in Czech language.
Information on goods and prices
- Information on goods, including the prices of the individual goods and their main characteristics, are given for each item in the catalogue of the online shop. The prices of the goods are inclusive of value added tax, all related charges and the cost of returning the goods if they cannot, by their nature, be returned by the usual postal method. The prices of the goods remain valid for as long as they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
- All presentation of goods placed in the catalogue of the online shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
- In the online shop, information on the costs associated with the packaging and delivery of the goods is published. The information on the costs associated with the packaging and delivery of goods listed in the online shop is valid only in cases where the goods are delivered within the Czech Republic.
- Possible discounts from the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
Ordering and Concluding the Purchase Contract
- Costs incurred by the buyer when using remote means of communication in in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer. These costs do not differ from the basic rate.
- The buyer places an order for goods in the following ways:
- through his customer account, if he has previously registered in the online store,
- by filling in the order form without registration.
- When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.
- Before the order is sent, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the Complete Order button. The information provided in the order is considered correct by the Seller. The validity of the order is conditional on the completion of all mandatory data in the order form and the Buyer's confirmation that he/she has read these terms and conditions.
- Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when ordering. This confirmation is automatic and shall not be deemed to constitute a contract. The confirmation is accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after receipt of the order by the Seller. Notification of acceptance of the order is delivered to the buyer's e-mail address. / Immediately after receipt of the order, the Seller sends the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when ordering. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The purchase contract is concluded by the confirmation of the order by the Seller to the Buyer's e-mail address.
- If any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller will send an amended offer to the Buyer's e-mail address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller at his e-mail address specified in these Terms and Conditions.
- All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by calling the telephone number or email of the Seller set out in these terms and conditions.
- In the event that there is an obvious technical error on the part of the Seller in the indication of the price of the goods in the online shop or in the ordering process, the Seller is not obliged to deliver the goods to the Buyer at that clearly erroneous price, even if the Buyer has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's e-mail address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such a case by confirmation of receipt by the Buyer to the Seller's e-mail address.
- Based on the buyer's registration made in the online store, the buyer can access his/her customer account. From his/her customer account, the buyer can place orders for goods. The Buyer can also order goods without registration.
- When registering for a customer account and ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account when changing it in any way. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
- Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller is not responsible for any misuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use the customer account.
- The Seller may cancel the user account, in particular if the Buyer no longer uses his/her user account or if the Buyer breaches his/her obligations under the Purchase Agreement or these Terms and Conditions.
- The Buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment, or.
Payment Terms and Delivery
- The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Agreement in the following ways:
- cashless transfer to the Seller's bank account No. 282300/5500, maintained at Raiffeisenbank Bank,
- cashless by credit card,
- cash on delivery of goods,
- in cash or by credit card upon personal collection at establishment,
- in in cash or by credit card upon personal collection at the dispatch office
- Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
- In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within .... days of the conclusion of the purchase contract.
- In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's bank account.
- The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the purchase price prior to shipment of the goods is not a deposit.
- Under the Sales Records Act, the Seller is required to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in case of technical failure within 48 hours
- The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- via the dispatch office to the address of the dispatch office, designated by the buyer,
- by personal collection in the seller's premises.
- The choice of delivery method is made during the ordering process.
- The cost of delivery of the goods, depending on the method of shipment and receipt of the goods, is specified in the buyer's order and in the seller's order confirmation. In the event that the method of delivery is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.
- If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
- When taking delivery of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.
- The seller will issue the buyer a tax document - invoice. The tax document is sent to the buyer's email address.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods including delivery costs, but not before taking delivery of the goods.
- Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking delivery of the goods or at the moment when the buyer was obliged to take delivery of the goods but failed to do so in breach of the contract of sale.
- Buyer, who has concluded a purchase contract outside his business as a consumer, has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- the date of receipt of the last delivery of goods, where the subject of the contract is several goods or the delivery of several parts,
- from the date of receipt of the first delivery of goods where the subject of the contract is a regular recurring delivery of goods.
- The buyer cannot, among other things, withdraw from the contract of sale
- providing services, if they have been performed with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in that case he has no right to withdraw from the contract,
- of the delivery of the goods or services, the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
- on the supply of alcoholic beverages, which may not be delivered until thirty days have elapsed and the price of which depends on financial market fluctuations independent of the will of the seller,
- on the delivery of goods which have been customized by or for the buyer,
- delivery of perishable goods, foodstuffs, as well as goods which have been irretrievably mixed with other goods after delivery,
- delivery of goods in closed packaging, which the buyer has removed from the packaging and which cannot be returned for hygienic reasons,
- delivery of an audio or visual recording or computer program if the original packaging has been damaged,
- delivery of newspapers, periodicals or magazines,
- delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in such a case he has no right of withdrawal,
- in other cases specified in Article 1837 of the Civil Code.
- In order to comply with the withdrawal period, the buyer must send the withdrawal statement within the withdrawal period.
- To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The Buyer shall send the withdrawal from the Purchase Contract to the e-mail or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
- The Buyer who has withdrawn from the contract shall return the goods to the Seller within 14 days of withdrawal from the contract. The buyer shall bear the costs associated with the return of the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
- If the buyer withdraws from the contract, the seller shall return to the buyer without delay, but no later than 14 days after the withdrawal from the contract, all funds, including delivery costs, received from the buyer in the same manner. The Seller shall return the funds received to the Buyer in another way only if the Buyer agrees to do so and if no additional costs are incurred by the Buyer.
- If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall return to the Buyer the costs of delivery of the goods in the amount corresponding to the cheapest delivery method offered.
- If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer before the buyer has handed over the goods to the seller or proved that he has sent the goods to the seller.
- The goods must be returned by the buyer to the seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
- The Seller is entitled to withdraw from the Purchase Contract due to the out-of-stock condition, unavailability of the goods or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the contract within 14 days of notification of withdrawal from the contract, in the same manner or in the manner specified by the Buyer, as the case may be.
Rights from defective performance
- The seller is responsible to the buyer that the goods are free from defects on receipt. In particular, the seller shall be liable to the buyer that at the time the buyer took delivery of the goods
- the goods have the characteristics agreed between the parties and, in the absence of an agreement, it has such characteristics as the seller or manufacturer described or the buyer expected having regard to the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for purpose, the seller states for its use or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship has been determined by reference to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight and
- the goods comply with the requirements of the legislation.
- The seller has obligations under defective performance at least to the extent that the manufacturer's obligations under defective performance continue. The buyer is otherwise entitled to assert the right arising from a defect that occurs in the consumer goods within twenty-four months of receipt.
- If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in the advertising in accordance with other legal provisions, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the buyer has rightly accused the seller of a defect in the goods, the period for exercising rights under the defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
- The provisions referred to in the preceding paragraph of the terms and conditions shall not apply in the case of goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, in the case of used goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to the right of defective performance if the buyer knew that the goods were defective before taking delivery or if the buyer himself caused the defect.
- In the event of a defect, the buyer may submit a claim to the seller and demand
- exchange for new goods,
- repair of the goods,
- reasonable discount on the purchase price,
- cancellation of the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- when the item cannot be properly used due to the recurrence of the defect or defects after repair,
- in the case of multiple defects in the goods.
- A material breach of contract is one which the breaching party already knew or ought to have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
- In the case of a defect that constitutes a non-substantial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or a reasonable discount on the purchase price.
- If a removable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, to replace the goods or to withdraw from the contract.
- When making a claim, the buyer is obliged to tell the seller which right he has chosen. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irremediable. If the buyer does not elect his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
- If repair or replacement of the goods is not possible, the buyer may, upon withdrawal from the contract, demand a full refund of the purchase price.
- If the seller proves that the buyer knew about the defect in the goods before taking delivery or caused it himself, the seller is not obliged to satisfy the buyer's claim.
- The Buyer cannot claim for discounted goods for the reason for which the goods are discounted.
- The Seller is obliged to accept the claim at any premises where acceptance of the claim is possible, including, where applicable, at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of settlement the Buyer requires, as well as a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
- The Seller or an employee authorised by him shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, within 30 days of the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment of the claim is considered to be the moment when the expression of will of the buyer (exercise of the right from the defective performance) reaches the seller.
- The seller informs the buyer in writing about the result of the claim.
- The buyer is not entitled to the right of defective performance if the buyer knew that the item was defective before taking delivery or if the buyer caused the defect.
- In the case of a justified claim, the buyer is entitled to compensation for the costs reasonably incurred in connection with the claim. This right may be asserted by the buyer with the seller within one month after the expiry of the warranty period, otherwise the court may not grant it.
- The buyer has the choice of the method of claim.
- The rights and obligations of the contracting parties regarding rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll, on consumer protection.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Seller's customer account or in the order.
- All Information, that the buyer provides when working with the seller is confidential and will be treated as such. Unless the buyer gives the seller written permission, the seller will not use the buyer's information in any way other than for the purpose of performing the contract, except for the email address to which commercial communications may be sent, as this practice is permitted by law unless expressly refused. These communications may only relate to similar or related goods and may be opted out of at any time by simple means (by sending a letter, email or by clicking on a link in the commercial communication). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
Out-of-Court Dispute Resolution
- The Czech Trade Inspection Authority, located at Štěpánská 567/15, is competent for out-of-court settlement of consumer disputes arising from a purchase contract, 120 00 Prague 2, ID no: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
- European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the point of contact pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No.2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll. within a defined scope, on consumer protection.
- All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer arising from generally binding legal regulations.
- The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of § 1826 (1) (1) (b) of the Commercial Code. e) of the Civil Code.
- All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended use. The Buyer shall not use any practices in the use of the Online Shop that could adversely affect its operation and shall not engage in any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components comprising the Online Shop or to use the Online Shop or its parts or software in a manner contrary to its purpose or intent.
- The purchaser hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
- Attached to the Terms and Conditions is a sample withdrawal form.
These terms and conditions shall come into force on 1. 6. 2021
Light In Space SE